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C u l i n a r y   &   M e d i c i n a l   H e r b s   -   S e t   1   C D
 1  0  0     R  o  y  a  l  t  y     F  r  e  e     I  m  a  g  e  s

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Royalty-Free End-User Licensing Agreement

This is a legal agreement between you and plantstock.com.  Read this licensing agreement carefully before using any plantstock.com image on this royalty free from CD-ROM or the plantstock.com website. By using any image or otherwise exercising the rights granted under this agreement, you agree to be bound by this agreement. If you do not wish to accept the terms of this licensing agreement and you have not used any image, you may return the CD-ROM to plantstock.com for a refund of the purchase price.

1. Plantstock.com grants you a non-transferable, non-exclusive right to use and reproduce any image (hereafter referred to as "Image") on the "plantstock.com Culinary and Medicinal Herbs - Set 1 CD" (hereafter referred to as "the CD") or derivative in ONLY the following ways: (a) in any online or other electronic distribution system (including in web page design) and in broadcasts, (c) in any tangible printed material including greeting cards, t-shirts, postcards, posters, calendars, magazines, newspapers, books, music CD, album, cassette tape and software packaging, (b) in advertising, promotional or editorial materials and (d) in materials for personal, internal or company use, including comps (draft layouts), reports, catalogues and brochures.

2. No Image may be sublicensed or made available for use or distribution separately or detached from your product or web page. "Non-transferable," as used in paragraph 1, means that the work you produce using any Image must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work.  You may provide your clients with copies of any Image as an integral part of your work product provided that each Image is incorporated into a design in such a way that it is clearly not intended to be downloaded or copied and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an image.  If your client wishes to use an image separately, either you on behalf of your client or your client must license that image for your client's use.  You agree to take all reasonable steps to prevent third parties from duplicating or distributing any Image from the CD.

3. You may not place the CD or any Image from the CD on a computer or other storage device which is accessible by more than one user at a time via a network connection or in any other way.

4. The CD and each Image on the CD and plantstock.com website are copyrighted. All rights are owned by plantstock.com are protected by United States copyright laws, international treaty provisions and other applicable laws.  Plantstock.com retain all rights not expressly granted by this agreement. All rights not specifically granted to you by this licensing agreement are reserved by plantstock.com. Your right to use any Image from the CD or plantstock.com web site is subject to the restrictions set forth in this licensing agreement, and is dependent upon your payment of the purchase price for the CD prior to your use of any Image and your compliance with the terms of this licensing agreement.  The license contained in this agreement will terminate automatically without notice from plantstock.com if you fail to comply with any provision of this agreement.  Your use of any Image must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. This disk and the images are "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this agreement and as provided in DFARS 227.7202-1(a),), and 227.7202-3(a)) (1995), DFARS 252.227.7013 (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52-227-14, as applicable.

5. Plantstock.com warrants the CD will function properly and perform in accordance with the included documentation for a period of 90 days from delivery. Your sole and exclusive remedy is the replacement of the CD or refund of the purchase price upon the return of the  CD and original material which accompanied the CD, at the option of plantstock.com.  Plantstock.com makes no other warranty and hereby disclaims, all other warranties, express, implied or arising by law, with regard to the CD or any Image on the CD or plantstock.com web site, including without limitation any implied warranties of merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state, Plantstock.com shall not be liable to you for any general, special, direct, indirect, consequential, incidental, or other damages arising out of the license of this CD or any image on this CD or the plantstock.com web site or otherwise.

6. You agree to indemnify and hold plantstock.com harmless against any damages or liability of any kind arising from any use of any image other than the uses specifically permitted by this licensing agreement.  Neither plantstock.com nor any of its directors, officers, employees, or agents shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, the CD or any Image on the CD. In no event shall plantstock.com liability (whether in tort, contract, or otherwise) arising out of or relating to your use of the Set 1 Images CD or any image or inability to use the Set 1 Images CD or any image exceed the fees paid by you for the CD.